12. but by matter of Record and that in regard of the Dignity of his Person Secondly Causa Necessitatis as in case to avoyd the Attainder of him that hath Right to the Crown As if the right Heir to the Crown be Attaint of High Treason yet shall the Crown descend to him and eo instanti when it happens without any other reversal the Attainder is purged as it fell out in the Case of King Henry 7. lest in the interim 1 Hen. 7. fo 4. b. there should be an Interregnum which the Law of England will not suffer any more than nature doth a Vacuum As also by vertue of this Politick Capacity though the King be within Age yet he may make Leases and Grants and the same shall be valid for otherwise his revenue would decay and the King would not be able to reward service c. Thirdly Causa Vtilitatis As when Lands and Tenements or Possessions descend from his collateral Ancestors being Subjects as suppose from the Earl of March c. to the King the King is seised or possessed of them jure Coronae in his Politick Capacity and they shall go with the Crown And in this Capacity it was that Queen Elizabeth had and injoyed all that belonged to Queen Mary though they were but Sisters of the half Blood which no others could do And as the Crown of England is Descendible to the Heirs males yet when a King dies and leaves no Son but Daughters only the Crown and Dignity Royal descends to the Kings eldest Daughter alone and to her Posterity and so it hath bin declared by a Parliament for Regnum non est divisibile Stat. 25 Hen. 8. cap. 22. And there shall be no Possessio fratris of the Lands of the Crown for the quality of the Person doth in these and many other likes cases alter the descent So as all the Lands and Possessions whereof the King is seised or possessed jure coronae shall attend upon and follow the Crown unto whomsoever it shall Descend for the Crown and the Possessions of the same are concomitantia The naturall Body of the King being thus invested with his Politick and Royal Capacity we behold him as the Representative and Lieutenant of God Almighty who is King of Kings All Power is from God and Imperium non nisi Divino fato datur And therefore Plato did say That God did not appoint and establish men that is men of a common sort and sufficiency and purely Humane to rule and govern others cautiously to be understood but such as by some Divine touch singular vertue and gift of Heaven do excel others and therefore they are called Heroes and stand in Comparison with others as we may conceive of the Air which if we do compare with the Heavens it is a kind of Earth but if we compare it with the Earth it is then a kind of Heaven So of King's if we compare them with God Almighty they are but a kind of men but if we compare them with other men they are a kind of gods both intimated in that of the Psalmist I have said ye are gods but ye shall dye like men This Royal majesty of the King of England is replenished with plenary and undoubted Right and Authority to rule and govern all his Subjects and that in all Causes as well Ecclesiastical as Temporal For this Kingdom of England is a Soveraign Empire or Monarchy consisting of one Head the Soveraign or King and of a Body Politick the People and this Body is distinguished into the Clergy and the Laity all of them intirely Subject to their Royal Head the King who as before is said is furnished and instituted with an intire Authority over every Subject of what degree or quality soever and that in all causes Ecclesiastical and Temporal For otherwise the King would be imperfect in his Authority contrary to the true notion of Soveraignty and thereby disabled to deliver Justice in all causes to all his Subjects or to punish all crimes and offences within his Dominions a consideration of high import for the necessary security both of Prince and People But notwithstanding the full and Soveraign Right of the King to rule and govern all his Subjects and that in all causes and consequently the just and necessary duty of all his Subjects to yield a full and intire Obedience to all the Kings good Laws for it is the Law that measures out and spiriteth the King's Authority as it directs and enforces the Subject's Obedience yet so it hath bin and so it is in our Antinomian times partly by the obstinacy and devotedness of some the weakness and ignorance of others and the peevishness and perversness of many that there is a multitude of natural born Subjects in this Kingdom who in defiance of the Laws both in their Opinions and Practices deny or oppose our Soveraigns Supremacy On the one hand there are the Sectaries who notwithstanding the Law is the Standard of true Allegiance make the ground the rule and measures of their Allegiance to be their own private fancies And though the Law is the bright Sun shining in the Horizon of this Kingdom by the Light whereof every one ought to guide his actions yet these men out-stare this Sun and giddily run some of them after the Ignis fatuus of a pretended Light within them some after the false fires of a misguided zeal too many after the Boutfeaus or male-content Incendiaries and some after the very fumes of Hypochondriacal fits mistaken for visions and Revelations On the other hand there are the Devoto's of Rome who in contempt of the King's Laws and Authority make the rules and measures of their Allegiance to be the will and pleasure of a Forrainer As the Sectaries set up a Pope in every man's Conscience whilst they invest it with a power to control the Decrees of Princes and new Lights for themselves to live and walk by these contrarily put out their own Eyes and give themselves up to be led by an infallible Head as they think to whom whilst they yield a blind Obedience they cannot see to be good Subjects These men of both sorts strike at our Supremacy the very foundation and heart-string of Government and by whom the very Sinews of Soveraignty are cut asunder when either upon the suggestions of fanatical delusions or the imperious awes of an extraneous Power the King 's natural Subjects shall audaciously lift up their Hands and Heels against him My Province at this time to wave all disputes shall only be to make some discovery of those Foundations of Law Right and Authority whereon our King's Supremacy is built by the Legal and unquestionable Historical Evidences and Manifesto's of the same and whilst I keep close there I shall be sure to be on a safe bottom I shall not pretend to wade into the vast Ocean of the King's Prerogative in all its extensions but shall confine my self to the affair
wend And do what ever thing he did intend His name was Talus made of yron mould Immoveable resistless without end Who in his hand an yron flail did hold With which he thresh'd out falshood and did truth unfold This Yron man when commanded and set on could rout seditious multitudes destroy tyrannick Giants quell hideous Monsters and knock down inchanted Castles Our Heroick Laws do no less when by their commanded Officers they dissipate superstitious concourses truss up the Gigantick Jesuite drag out the monstrous Plotters and batter down that second Babel of Confusion which the sons of the Earth would be rearing in our English plain What thoughts these Collections and Observations will raise in you or others I can but guess at I am sure they have sufficiently discover'd to me the drift of the Papal Policy That is to establish and uphold a Spiritual Dominion in the World to effect which it was necessary the Consciences of men should first be inslaved by superstition and ignorance and then by the Usurpation of Temporal Power and the ingrossing of Temporal Riches the work was done and the Papal interest so carryed all in the middle and dark Times when Kings durst not exercise their just authority nor the People call that which they had their own and in this despondency it was that the Laws were muffled up But when towards the latter Ages the revolution came of Learning and Knowledge with a reviviscence and improvement of all Arts and Sciences and men became tyred with groping so long in the dark and those great Lights began to dawn in the World then both Kings and People rouzed up themselves and their Spirits revived the shades vanished the Birds of darkness flew away and the Beasts of prey retired to their dens Every man then with alacrity addressed himself to his proper Office Princes took their Scepters in their hands and swayed them again without controul the People applyed themselves all to their honest callings and what they got by God's blessing and their own industry they injoyed whilest they liv'd and when they dyed left it to their posterity which formerly used to be snatch'd away before their faces by the Romish Harpyes The consideration of all which as it clearly manifests the great abuses poverty and slavery which this Nation once and for a long time suffered under the Pope's yoke so it cannot but make us reflect on that proportionable mischief which still lyes upon those that have not yet shak'd him off with this further observation how an entire subjection unto Popery corrupts and debases the spirits of men for nothing is more obvious than that in Italy Spain Flanders and other Countreys wholly the Popes as to his spiritual raign the Inhabitants are either the most Atheistical debauched and dissolute or those who with a blind zeal apply themselves to an observance of the Rites of that confused and absurd Religion presently become fond and stupid giving themselves up only to admire their Holy Father the Pope their Confessors and Priests fancying Rome to be the true model of the Heavenly Jerusalem and the Pope and his Cardinals ruling therein like Christ and his Apostles gazing upon the formality and gaudiness of their Church and intangled with a multitude of ridiculous Ceremonies and Observances all which tends to make them unactive and unfit for all those generous and ingenious courses that bring Honour and Riches to a People When on the contrary the Reformed part of the World being manumitted from such slavery and incumbrances beat out the Popish every where in Trading and generally excell them in all Arts and Sciences And this may be noted in our selves when presently after the Reformation the English grew potent at Sea sent forth great Colonies and Plantations maintained traffick and commerce over the World and brought home Honour Plenty and Riches to the Nation So the Netherlanders after they had freed themselves from the Romish briers presently got good fleeces on their backs grew rich and powerful eclipsing the glory of Venice that once famous Republick which hath ever since been in the wane Amsterdam supplanted Antwerp Flanders truckled under Holland and the Hanse Towns generally Protestant outstrip'd all their Popish Neighbours in wealth and strength Whilest the once great and dreadful Monarchy of Spain is fallen into a Consumption supported only with a little Indian Gold which they steal home sometimes The Austrian Eagle hath molted his Feathers Portugal losing both in their Plantations abroad and reputation at home And in those Countreys where Protestants and Papists are mingled as in Fâ—ance Germany Poland c. the Protestants generally are the Traders and grow rich as all Travellers testifie For besides that an addicted zeal to the Romish Religion contracts and debaseth the spirits of men their Guides endeavour also by all possible means to contain them in a dull ignorant and formal way knowing Learning and knowledge to be their common Enemy as at once discovering and overthrowing all the superstructures reared upon their sandy foundation But then what Wealth what Honour and Riches do their Clergy and Orders enjoy How glorious the Popes How splendid the Cardinals How abounding in Riches and Titles all their Relations Kindred and Dependants all suck'd from the People Whilest to lull and gratifie the abused multitude they have infinite devices they have perpetual provisions for the dull souls in their Cells the austere may take their fill of Discipline and rigour the impure and voluptuous have their conveniences at hand the lawless who find themselves too strait lac'd may be eased by Dispensations the credulous shall never want Miracles the fantastical visions nor the superstitious Ceremonies with infinite baubles more to keep the uneasie Babes quiet Now when any person comes to claim or exercise any extraordinary power or authority in a place or shall levy and take up what moneys he please he must reasonably expect to have a Quo Warranto sued out against him to which he must plead his Title to his Priviledge and that I must confess hath been very fairly done by the Papal Attorneys in this cause on the behalf of their Holy Client and they have drawn their Plea from the written Text of the Divine Law in this manner God made two great Lights in the firmament Gen. 1.16 the greater Light to rule the day and the lesser Light to rule the night from which they inferr the infallible Dominion of the Church for Pope Innocent the Third wrote to the Emperour of Constantinople thus Epist ad Imp. Decret lib. 1. de major Obed. Tit. 33. You ought to know says he that God made two great lights in the Firmament of Heaven the greater light to rule the day and the lesser light to rule the night both great but the one greater To the Firmament of Heaven that is the Catholick Church God made two great Lights that is instituted two Powers the Papal Authority and the Regal Dignity but
Scot who runs presently to Rome for confirmation and the King presently sends after him the Bishop of Lichfield and the Prior of Lanthony to sollicite against Scot but after a long tugging and expence of all their money on both sides it was determined that a third man viz. Richard Poor should have the Bishoprick After the death of Stephen Langton Matt. Paris in An. 1228. fo 350. 355. Anâ—quit Brit. in viti Richard Maâ— Archbishop of Canterbury the Monks made choice of Walter de Hempsham to succede him at which the King then being displeased Walter hasts away to Rome as the use then was for his confirmation and the King presently sends after him as his Proctors the Bishops of Coventry and Rochester who appearing before the Pope complained grievously of the misdemeanor of the Monks in making choice of that man as being of no experience suitable to that Dignity but of mean learning one of a debauched and scandalous life having gotten several Bastards upon a Nun and for his extraction his Father had bin condemn'd and hang'd for Theft as himself had also deserv'd having bin a Ringleader amongst Rebels and Traitors But all this would not satisfie the Pope to set him aside Polychron 1.7 cap. 34. until the King ingaged the Pope should have a Disme or the Tenth part of all the moveable goods both of Clergy and Laity throughout England and Ireland which granted the election of Walter Hempsham was declared null and Richard Wethershed promoted to the place The next Successor to Richard Wethershed was Edmund between whom Antic Brit. Godw. in vita Edmundi and the Monks of Rochester a great contest happen'd about the election of one Richard Wendover to be their Bishop whereupon the Bishop goes to Rome and the Covent send their Proctors and these carrying the most money got the cause and Edmund condemn'd by the Pope in 1000. Marks The Bishoprick of Chichester being once void Matt. Paris iâ— Hen. 3. the Canons there elected one Robert Passelew to gratifie the King who had a great kindness for the man but others stemaching him means was made at Rome to have his election quashed and one Richard de la Wich to have the place and thereupon all parties run to Rome with money Bribes complaints and recriminations all which being heard and the money taken the King's man was fob'd off and Wich setled in the See The story is at large in Matthew Paris and a multitude more of like nature might here be exhibited but these shall suffice with this averrement that seldom any election went so cleverly off but something extraordinary came to the Pope besides what was certain by the first Fruits From which we proceed to payments of other natures CHAP. III. Legatine Levies THE Statute of 25 Henry 8. Stat. 25 Hen. 8. cap. 21. Providing that no more summs of money shall be pay'd to the Bishop of Rome begins with recital how the subjects of this realm had for many years been greatly decayed and impoverished by intolerable exactions of great summs of money taken and claimed by the Bishop of Rome called the Pope and the See of Rome as well in Pensions Censes Peter-pence Procurations Fruits suits for Provisions and Expeditions of Bulls for Archbishopricks and Bishopricks and for Delegacies and Rescripts in Causes of Contentions and Appeals Jurisdictions Legantine Dispensations Licences Faculties Grants Relaxations Writs of perinde valere Rehabilitations Abolitions and other infinite sorts c. as the words of the Statute are I cannot now pretend to enumerate or specifie them all when the Statute declares them to be infinite and therefore we shall content our selves to point but at some of them beginning with the Legatine Levies as I may call them Vid. Matthew Westm Flor. Hist in An. 1245 1246. c. Mart. Paris Polychron c. And these were summs of money exacted and levyed upon the King's Subjects throughout the whole Kingdom by Legats and Officers for that purpose deputed by the Pope And these were called for as often as the Popes pretended a need of them for the Court of Rome did inculcate and would have the world to believe Matth. Paris An. 1226. fo 328. That being a Mother she ought to be relieved by her Children Now the first Extraordinary Contribution raised for the Pope in this Kingdom of this kind appears to have bin about the year 1183. when Pope Lucius the third having some quarrel with the Citizens of Rome Rog. Hovedeâ— P. Postenor fo 622. sent to King Henry the second postulans ab co à clericatu Angliae auxilium requiring Aid from him and his Clergy whereupon Consuluit Rex Episcopos suos Clerum Angliae de petitione Summi Pontificis Cui Episcopi Cleri consuluerunt ut ipse secundum voluntatem suam honorem faceret auxilium D. Papae tam pro seipso quam pro illis quia tolerabilius esset plus placeret eis quod D. Rex si vellet accepisset ab eis auxilii recompensationem quam si permisisset Nuncios D. Papae in Angliam venire ad capiendum de eis auxilium quia si aliter fieret posset verti in consuetudinem ad regni sui detrimentum Adquievit Rex consilio suorum fecit auxilium magnum D. Papae in auro argento The King consulted the Bishops and Clergy about the Popes request to whom the Bishops and Clergy returned That the King might if he so pleased and for his honor send aid to the Pope as well for himself as for them because it would be more tolerable and more acceptable to them for his Majesty if he pleased to take a Compensation from them for his Aid than that he should permit the Pope's Officers to come into England to receive it of them which might turn to a custom detrimental to the Kingdom To this counsel the King adher'd and sent a great Aid to the Pope in Gold and Silver as Rog. Hoveden hath at large related the Carriage of that business In which several passages are very remarkable as that the King did in matters that concern'd the Pope consult with the English Church and follow'd their advice and then the care and circumspection of the Clergy to avoid mischievous consequences for the future and that not without very good cause for the Popes were so prone to be busie and tampering in this matter of money that afterward in the time King Edward the first Papa miâ—it bullas inhibitatorias quod nulla persona Ecclesiastica daret seculari personae contributionem ullam absque licentia specialita Romana curia concessa in hac parte Henry de Knighton Coll. 2489. he prohibited the Clergy from giving any thing to the King without his leave first obtained and that under pain of the great excommunication a great presumption this but without any considerable effect to the purpose intended But notwithwanding the before mention'd caution the Popes gained
Guardians and Chiefs without framing or proposing any more doubts subtilties or scruples With all this contained in a very fair Bull the Delegates and Agents returned home And the Guardians and Chiefs of the Order in pursuance thereof applyed themselves to order and settle these matters But then besides the differences that arose amongst themselves when ever they agreed on any thing those Fryers against whose Opinion it was carryed would quarrel insolently at it and would be so far from yielding conformity that they did not spare to revile their Superiours calling them Fools and Dunces for no better understanding the Text of St. Francis his Rule And in this disorder they continued a long time untill In the year 1323. in the time of Pope John the 22. who resided at Avignion the Guardians and superiours of the Order went to complain once more to his Holiness that the Fryers would not obey the Orders they had agreed upon by vertue of the Bull of Pope Clement and humbly prayed his Holiness further directions and aid therein Whereupon the Pope sent Summons to all those Fryers who refused to obey their Superior's Decrees in all those controverted points that they should either personally or by writing certifie the Reasons of their obstinacy and when these were come in the Pope assembled all his Cardinals in Conclave where the Allegations for and against the Fryer's disobedience were all canvassed and debated at large and many offers and proposals made for a final conclusion of all but nothing of that nature was accepted and no agreement there was like to be except the Pope would juridically and openly and plainly give his Sentence in the case And thereupon the Pope gave Order for his definitive Bull to be drawn up wherein in the first place he highly extolled the Bulls of his Predecessors the Popes Nicholas and Clement wondring why men should decline the import and â—enor of them and then for himself he ordained and declared That the vilitie of Habits should be measured by the custom of every Country and after gave power and Commission to the Guardians and Superiors of the Order as did Pope Clement to make a Rule for the longitude latitude colour thickness fashion substance and vility as well of the Tunics as the Hood and upon all other circumstances accidents and dependances upon the same commanding all the Fryers to obey the Rules that should be made without any more Objections Arguments or Contradictions But neither would this Third Bull do the business for men esteemed it in effect no more than what had bin order'd before without any fruit And so the heats and disputes continued amongst the Fryers as high as ever Nay some spared not to reflect on the Pope himself saying that he did not rightly understand the points in controversie Others that he used too many Councellors and that one honest Tailor if the Pope could have found him would better have inform'd how to stitch up these rents than the whole Conclave and the greatest Scandal was that if the Pope the Vice-deus the Oracle of Truth the unerring Head the infallible Guide could not settle and put an end to differences of such inferiour nature how could he did many say infallibly judge and determine in matters of Faith and the more sublime points of Religion about which there were such differences in the world But at last these heats amongst the Fryers were somewhat allayed and cool'd with time and the generality of the Order betook thmeselves to the White and Black Colours as they come purely from the Beast and thence the denomination to the white and black Fryers and some of them intermingled the two Colours and made a third and from them came the Grey Fryers And for the Garments and Hoods they came to wear them long and large only the difference about the Sleeves was never yet accorded for some wear strait and little Sleeves and others wear large and wide for some conveniences and of this sort was that Fryer who when he was Preaching against stealing had all the time a Goose in his Sleeve And thus though their Infallible Judge could not or would not put an end to these differences amongst his own Creatures with all his Decretals and Extravagants as those Bulls were called yet at this time we shall here to them all put a FINIS An Essay of the Supremacy of the King of England within his Majesty's Realms and Dominions IN our view of the resplendent Majesty of our Soveraign Lord the King of England it must needs fare with us as with a curious eye that looks on the Sun in its full luster thereby discovering its own weakness sooner than the nature of that Glorious Body being dazell'd if it gaze too long and scorched Excellens objectum destruit sensum if it approach too near such a refulgent and disproportion'd Object And therefore that I may proceed with Truth and safety in this affair I must make use of the Instruments of Law and the skreen of Authorities to direct and defend me in my intended progress therein In the first place therefore we are to know That the King of England hath two capacities in him viz. One as a natural Body being descended of the Blood Royal of this Realm and this Body is of the same nature with his Subjects Plowd Comment seig Barkly's Case fo 234. Id. Case de Duchy fo 213. and subject to Infirmity Death and the like The other as a Politick Body or Capacity so called because it is framed by the Policy of man and in this Capacity the King is esteemed to be Immortal not subject to Infirmity Death Nonage c. And therefore when a King of England dyes the Lawyers have a peculiar way of expressing the same not saying the Death of the King but the King's demise Demise le Roy. And therefore in respect of this Politick Capacity it is often said That the King of England never dyes and by the Law of England there can be no Interregnum for upon the King's Demise his lawful Successor is ipso facto King without any essential Ceremony or Act ex post facto to be done For the coronation is but a Royal ornament Calvin's Case fo 10 11. and solemnization of the Royal Descent but no part of the Title And all this may be collected from the Resolutions of all the Judges in the case of Watson and Clark Seminary Priests who with others Hill An. 1 Jac. Cok. Pl. Coron 7. entered into Treason against King James before his coronation So King Henry the sixth was not crowned untill the eighth year of his Raign and yet several men before his Coronation were Attaint of Treason and Felony as by the Records thereof it doth appear The Reasons and causes wherefore by the Policy of the Law the King of England is thus a Body Politick are three viz. First Causa Masestatis The King cannot give or take Calvin's Case fo
of the King's Supremacy in Ecclesiastical matters without professing yet a stature to reach the top of this sublime or the bottom of this profound concern In the first place then we are to know that the King 's just and lawful Authority in Ecclesiastical matters is in part declared by a statute made in the first year of Queen Elizabeth Stat. 1 Eliz. Ca. 1. Non novam introduxit sed antiquam declaravit Coke 5. Rep. Cawdrys Case fo 8. And it was one of the Resolutions of the Judges in Cawdry's Case That the said Act of the First year of the Queen concerning Ecclesiastical Jurisdiction was not a Statute introductory of a new Law but Declaratory of the Old But for our purpose it will be sufficient to transcribe the Preamble of the Act which runs thus Most humbly beseech your most excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled that where in time of the raign of your most dear Father of worthy memory King Henry 8. divers good Laws and Statutes were made as well for the better extinguishment and putting away of all usurped and forrain powers and authorities out of this your Realm and other your Highness Dominions and Countrys as also for the * Nota. restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdictions authorities Superiorities and preheminences to the same of right belonging by reason whereof we your most humble and obedient Subjects from the 25. year of the raign of your said dear Father were continually kept in good order and were disburdened of divers great and intolerable charges before that time unlawfully taken and exacted by such forrain power and authoritie as before that was usurped until such time as all the said good laws and Statutes by one Act of Parliament made in the first and second years of the raigns of the late King Philip and Queen Mary your Highness Sister Intituled An Act repealing all Statutes Articles and Provisions made against the See Apostolick of Rome since the 20th year of King Henry 8. and also for the establishment of all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of repeal more at large appears By reason of which Act of repeal your said humble Subjects were est-soons brought again under an usurped forrain power and authority and yet do remain in that bondage to the intolerable charges of your loving Subjects if some redress by the Authority of this your High Court of Parliament with the assent of your Highness be not had and provided May it therefore please your Highness for the repressing of the said usurped forrain power and the restoring of the Rights Jurisdictions and preheminences appertaining to the Imperial Crown of this your Realm that it may be Enacted by the Authority of this present Parliament c. And then it proceeds to Repeal the said Act of Philip and Mary and revives the former Statutes of King Hen. 8. and King Edw. 6. abolisheth all usurped forrain powers and authorities and restoreth and uniteth all Jurisdictions Priviledges Superiorites and Preheminences Spiritual and Ecclesiastical to the Imperial Crown of this Realm This Statute doing Right to the Queen and her Successors ever since as in Temporal Causes the Kings of England by the mouths of their Judges in the Courts of Justice have judged and determined the same by the Temporal Laws of England So in all Ecclesiastical and spiritual Causes as Blasphemy Ecclesiastical Causes Stat. de circumsuecte agatis 13 Edw. 1. Articuli Cleri 9 Edw. 2. Fitzh Nat. Bre. 41 42 43 c. Apostasie from Christianity Heresie Schisme Ordering Admissions and Institution of Clarks Celebration of Divine service Rites of Matrimony Divorces Bastardy Substraction and Right of Tiths Oblations Obventions Dilapidations Reparation of Churches Probate of Wills and Testaments Administrations and Accounts upon the same Simony Fornication Incest Adulteries Sollicitation of Chastity Appeals in Ecclesiastical causes Commutation of Penance Pensions Procurations c. the Conusans of all which belongs not to the Common Law but the determination and decision of the same hath been by Ecclesiastical Judges according to the King 's Ecclesiastical Laws of this his Realm And although the said Stat. 1 Eliz. declares how and by whom the King may appoint the same to be done yet as is intimated before the King by Law may do the same although that Statute had not bin made And hence it was that Stephen Gardiner the noted Bishop of Winchester Significantiori vocabulo competentem Principi jure Divino poâ—estâ—tem exprâ—mi clarius voluâ—runt in his Oration De vera Obedientia once said That by the Parliaments stiling of King Hen. 8. Head of the Church it was no new invented matter wrought only their mind was to have the power pertaining to a Prince by God's law to be more clearly expressed by this Emphatical compellation And certainly this was the ground of that answer which King James gave to the Non-conforming Divines at the conference at Hampton Court upon the seven and thirtieth Article of the Church of England the said Divines urging that these words in the Article viz. Confer at Hamp Court fo 37. The Bishop of Rome hath no Authority in this land were not sufficient unless it was added nor ought to have To which the King being somewhat moved roundly replyed What speak you of the Pope's authority here Habemus jure quod habemus and therefore in as much as it is said He hath not it is plain and certain enough that he ought not to have Nor is this Authority united to the Crown of England only but of right also to all other Christian Crowns and accordingly avowed by all other Christian Princes And to this purpose I could multiply the Suffrages of many antient Fathers and Doctors of the Church but my aim being rather at matter of fact I will forbear the particularizing the explicite Judgements and Declarations of those Devout and just men who were as careful in its degree and proportion to give unto Caesar the things that are Caesar's as to God the things that are God's But for the matter of practice And in the first place here I cannot but take notice That in the first Ages of Christianity Religion did not only subsist but spread by immediate influence from Heaven only but when by vertue of the same influence it had once prevailed and triumphed over all oppositions of Pagan superstition and persecution and subdued the Emperours themselves and became the Imperial Religion then Ecclesiastical Authority assumed and fixed it self in its natural and proper place and the excercise of its Jurisdiction and what that was I shall shew also was restored to the Imperial Diadem and Constantine was no sooner setled in his Imperial Throne but he took the settlement of all Ecclesiastical
purpose we must know that after the Power of the Bishops of Rome came to some consistency in the world and the Pope began to look upon himself as a spiritual Prince or Monarch he presently began to attempt to give Laws to Nations and People as a badge of his Soveraignty but then well knowing That ubi non est condendi authoritas ibi non est parendi necessitas he would not impose those Laws at first peremptorily upon all People but offered them timide and precario and in such places where he presumed they would find the freest reception and in order to this at first he caused certain Rules to be collected for the Order and Government of the Clergy only which he called Decreta and not Laws or Statuta and these Decrees as they were called were first published in the year 1150 in the raign of our King Stephen and whereas Sr. Edward Coke Sr Ed. Coke Pref. aâ— 8. Relat. in the Preface to the eighth Report sayes that Roger Bacon the learned Fryer saith in his Book de impedimentis Sapientiae That King Stephen forbad by publick edict that no man should retain the Laws of Italy then brought into England we may with some assurance intend it of these Decrees about that time compil'd and publish'd And these were received Keilways Rep. 7 Hen. 8. fo 184. and observed by the Clergy of the Western Churches only for those of the Eastern Churches would never admit these Rules or Canons Afterwards the Bishops of Rome attempted to bring the Laity also under the obedience of these Canons and for that purpose they first began with Rules or Canons about abstinence and dayes of Fasting to be observed by the Laity Maâ—sil Pat. lib. Defens Pac. pa. 2. c. 23 Durard Rat. Di. l. 4. c. 6 7. as well as Clergy which at the first institution were termed by that mild word Rogationes and thence the week of Fasting before the Feast of Pentecost came to be called Rogation week in regard this time of Abstinence was at first appointed by an Ordinance called Rogatio and not Praeceptum or Statutum When the Laity had swallowed this Ordinance of Fasting then De una praesumptione ad aliam transivit Romanus Pontifex as Marsil Pata hath it that is the Bishop of Rome proceeded to make and publish several other orders by the name of Decretals and these were published about the year 1230. An. 14 Hen 3. Mat. Paris in Hen. 3. fo 417. and made or proposed to bind all the Laity as well Princes as their Subjects in several matters relating to their Civil and Temporal concerns As That no Lay-man should have the Donation of Ecclesiastical Benefices That no Lay man should marry within certain degrees out of the degrees limited by the Levitical Law That all Infants born before Espousals should after Espousals be adjudged Legitimate and capable to inherit That all Clarks should be exempt from the Secular Power and divers more such like But then we must know that these Decretals so made were not intirely and absolutely receiv'd in all parts of Christendom but only at first in the Temporal Territory of the Pope which on that account is call'd by the Canonists Patria Obedientiae but wholly rejected in England France and other Christian Countreys which thence are sometimes called Patriae consuetudinariae as resolving to adhere to their old Laws and Customs As the Canon that prohibits Donation of Benefices per Laicam manum was always disobeyed in England France the Realm of Naples and divers other Countrys The Canon to legitimate Infants born before marriage was specially rejected in England when in the Parliament held at Merton Stat. de Merton An. 20 Hen. 3. Omnes Comites Barones una voce responderunt Keilway 7 H. 8. fo 181. b. Nolumus Leges Angliae mutari quae hucusq usitatae sunt c. The Canon that exempted Clerks from the Secular Power was never observed fully in any part of Christendom Infallible arguments that these Canons received not the force of Laws from the Court of Rome as if that had power to give Laws to all Nations without their respective consents but the approbation and usage of the People received them as they pleased partially and specially as to Places Times and parts of those Canons and for the same reason that some rejected one others did more and some all of them as Bodin says Bodin de Repub lib. 1. cap. 8. That the Kings of France upon erecting of their Universities there declare in their Charters that the Profession of the Civil and Canon Laws may there be receiv'd and used according to discretion but not to bind as Laws Now when the Bishop of Rome perceived that many of his Canons were embraced in several Countreys under colour thereof he claim'd Ecclesiastical Jurisdiction within those Realms with power to interpret and dispence with his own Canons and for that purpose sent his Legates about with Commissions to hear and determine causes according to those Laws which upon their first exhibition Marsil Pat. ut supr pa. 2. c. 23. as is before noted he durst not call Laws or Statuta ne committeret crimen laesae Majestatis in Principes as Marsil Patav observes who further says that these Canons inasmuch as they were made by the Pope neque sunt humanae leges neque divinae sed documenta quaedam narrationes But as is said when he perceiv'd they were allowed and used in part or in whole in divers Countreys they were revised digested and compil'd into Volumes and called Jus Canonicum and being appointed to be read and expounded in publick Schools and Universities they were commanded to be obeyed by all under pain of Excommunication with declaration of the Pope's power to interpret abrogate or dispence with them at his pleasure and thereupon the Canonists say Lib. 6. de Const cap. Licet Papa in omnibus pure positivis in quibusdam ad jus Divinum pertinentibus dispensare potest quia dicitur omnia jura habere in scrinio pectoris sui quantum ad interpretationem dispensationem In the 25th year of King Ed. 1. An Dom. 1297 Tho. Walsing Stow in hoc anno one Simon a Monk of Walden began first to read the Canon Law in the University of Cambridge and the year after it began to be read also in the University of Oxford in the Church of the Friers Praedicants and from that time got ground in England being sometimes admitted and sometimes rejected according to the Ebb or Flow of the Papal interest here but how really this Canon Law was an innovation and usurpation here it is sufficient but to peruse the Preamble to the Statute of Faculties Stat. 25 Hen. 8. cap. 21. and Dispensations made in the raign of King Hen. 8. to which the Reader is referred As another Branch of the Pope's power in the matters aforesaid we may observe that